Marie Henry v. The Florida Bar, et al.

The Florida Bar (“the Bar”), an integrated Bar association, is the statewide regulatory organization for all lawyers licensed to practice law in Florida. Thirty-three states, U.S. territories, the Commonwealth of Puerto Rico and the District of Columbia, vest in an integrated bar, the State’s police power to regulate its members’ occupational license. An integrated Bar, has two things in common (i) compulsory membership; and (ii) dues as a condition of practicing law in the State. The Bar’s activities fall within the First Amendment right of its members to refrain from subsidizing the organization’s political or ideological activities. Such is the basis of this Court’s opinion in Keller v. State Bar of California, 496 U S 1 (1990). The Questions Presented are:

1. Whether this Court’s First Amendment speech and petitioning precedents on the fundamental constitutional right to access the court as expressed in Bounds v. Smith, 430 U.S. 817

2. and progeny guarantee Petitioner a remedy and rejection of the Fifth District Court of Appeal Per Curiam Affirmed (“PCA”) Order, adopting the trial court’s Opinion that a plaintiff lack standing to sue the Florida Bar.

3. Whether a trial or appellate judge, with an economic interest, in a membership in good standing in the Respondent bar association,